KHASI HILLS AUTONOMOUS
DISTRICT (NOMINATION AND ELECTION OF THE SYIEM OF NONGKHLAW ELAKA) ACT, 1994 THE KHASI HILLS AUTONOMOUS DISTRICT (NOMINATION AND ELECTION OF
THE SYIEM OF NONGKHLAW ELAKA) ACT, 1994 [27th January, 1995] An Act To make provision for the Nomination and Election of the
Syiem of Nongkhlaw Elaka. Whereas it has become an
imperative need to clearly define the necessary procedure and manner in which
the Nomination and Election of the Syiem of Nongkhlaw, should be conducted so
as to avoid any controversy that may arise to or connected with the appointment
of the Syiem and in exercise of the powers conferred under paragraph 3(l)(g) of
the Sixth Schedule to the Constitution of India; It is hereby enacted by the
Khasi Hills Autonomous District Council in the Forty Fifth Year of the Republic
of India as follows:- (1)
This Act, may be called the Khasi Hills Autonomous District
(Nomination and Election of the Syiem of Nongkhlaw Elaka) Act, 1994. (2)
It applies to the whole of the Nongkhlaw Elaka. (3)
It shall come into force at once.Note: - The pending case of the Nomination
and Election of the Syiem of Nongkhlaw, shall be dealt with, disposed of under
the previous of this Act, (1)
[1][In this
Act, to less the context otherwise requires, the following expressions shall
have the meaning hereby respectively assigned to them as follows:- (a)
"District Council" mean the Khasi Hills autonomous
District Council. (b)
"Durbar Hima" means the durbar of the Elaka presided
over by the Syiem with Deputy Syiem and 5 (five) Myntris, Sordars and certain
Elders of the villages in the Elaka as members. It is the highest Authority in
the Elaka. It shall meet at least once in a year, to be convened by the Syiem
with the approval of the Executive Durbar. The Syiem shall convene a
Requisition Durbar Hima within 30 days from the date that a requisition is made
by not less than 50 Sordars of the Elaka provided that the Executive Committee
approves the purpose for which the meeting is sought to be requisition. (c)
"Electors" means the persons eligible to elect the Syiem
of Nongkhlaw consisting of the Myntris and Sordars of the Elaka whose names
have been duly recognized by the Syiem and his Executive Durbar and approved by
the Executive Committee. (d)
"Executive Committee" means the Executive Committee of
the Khasi Hills Autonomous District Council. (e)
[2]["Executive
Durbar" means a Durbar Syiem presided over by the Syiem of the Elaka with
the Deputy Syiem and Myntris as Members. The function of this Executive Durbar
is to run the day-to-day administration and judiciary of the Elaka.] (f)
"Myntris" means the authorised representatives of the
Lyngdoh Nongum Clan, the Lyngdoh Mawnai Clan, the Lyngdoh Nongbri Clan, the
Lyngdoh Kynshi Clan, the Basaiawmoit Clan, and any other Clan recognised by the
Syiem and his Executive Durbar, and whose names have been approved by the
Executive Committee. (g)
"Sordar" means the Headman of a village within the
Nongkhlaw Elaka duly elected/nominated by the people of the concerned village
who has been recognized by the Syiem and his Executive Durbar, and whose name
has been approved by the Executive Committee. (h)
"Syiem" means any male adult belonging Syiem's Clan of
Nongkhlaw eligible to become the Syiem and who has been duly nominated
unanimously by the Myntries or elected by the majority of the Electors as the
case may be, and whose nomination or election has been approved by the District
council in Session and appointed by the Executive Committee. (i)
[3] ["Deputy
Syiem" means a male adult belonging to Syiem Clan of Nongkhlaw Syiemship
appointed by the Durbar Syiem and approved by the Executive Committee, Khasi
Hills Autonomous District Council, who shall assist the Syiem.] (2)
Any terms or expressions that may occur and not defined in this
Act, shall have the same meaning in which they are use in the United Khasi-Jaintia
Hills Autonomous District (Appointment and Succession of Chiefs and Headmen)
Act, 1959, as amended.] (1) When the
vacancy occurs in the post of the Syiem of Nongkhlaw, the Returning Officer
shall call upon the Myntris to nominate can eligible person from the Syiem's
Clan by a unanimous decision, and which shall be placed before the Executive
Durbar and then to the Durbar Hima for consideration and affirmation.
Thereafter the Executive Durbar shall report to the Returning Officer who shall
declare the result thereof. The Returning Officer may, in case of doubt or
uncertainly refer to the Executive Committee who shall decide and direct the
Returning Officer accordingly. Provided that the Returning
Officer shall declare the result of the nomination if the Executive Durbar and
the Durbar Hima fail to consider and affirm within a period of 30 days from the
date of the nomination. (2)
If the Myntris are not unanimous in their nomination of the Syiem
as required under sub-Section (1) above; the Syiem shall be elected by the
majority of the Electors whose name have been duly recognized and approved by
the Executive Committee. (3)
For the purpose of Sub-Section (2) above; the Returning Officer
shall call for the filling of nomination paper from interested and eligible
persons of the Syiem's Clan of Nongkhlaw Elaka, prescribe the manner and method
of the Election fix the plan due and time of the Election and or do things
necessary for the Election and declare the result of the election thereof. The
Returning Officer may in case of doubt or uncertainly refer the matter to the
Executive Committee who shall decide and direct the Returning Officer
accordingly. On the basis of the result referred
to in Section 3, the Executive Committee shall recommend the appointment of the
nominated/elected Syiem to the next Session of the District Council and after
approval of the Council, that forthwith issue appointment order under such
terms are conditions as the Executive Committee may provide. If within 30 days of the
declaration of the result by the Returning Officer any dispute arises regarding
any matter relating or connected with the Nomination/Election of the Syiem of
Nongkhlaw and dispute shall be referred by the party or parties concerned, by a
petition to the tribunal constituted by the Council for the purpose and
decision of the Tribunal shall be final.Such petition shall be filled to the Secretary
of the Executive Committee in induplicate accompanied by a fee of Rs. 500 (Five
hundred) only in cash. No suits or legal
proceedings shall lie before any Court of Law against any order or action taken
or any thing done in good faith under any provisions of this Act.
Preamble - THE KHASI HILLS AUTONOMOUS DISTRICT (NOMINATION AND
ELECTION OF THE SYIEM OF NONGKHLAW ELAKA) ACT, 1994PREAMBLE